Law of Torts Including Consumer Protection Law- K-1003

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LL. B. (I Sem.) Examination, Dec. 2014

LAW-III

Law of Torts Including Consumer Protection Law

(K-1003)

Time : Three Hours] [Maximum Marks :100

Note : Attempt questions from all Sections as per instructions.

Section-A

(Very Short Answer Questions)

Answer all the five questions. Each question carries 4 marks. Very short answer is required not exceeding 75 words. 4×5=20

Year 2014

1. i- Ubi jus ibi Remedium.

    ii- Write the definition of Tort given by Prof. Salmond.

    iii- Distinguish between False Imprisonment and Malicious Prosecution.

    iv- Assault

    v- Remoteness of damages.

Year 2015

1. How is a Tort different from Breach of contract ?

2. Explain briefly ‘Actin personalis moriturcum persona.’

3.’Vicarious liability’ in Tort.

3. Explain the maxim ‘Volenti non fit injuria’.

4. Remoteness of Damage.

Year 2016

1. In which year consumer protection act was passed and how many sections are there in this Act?

2. Whether Govt. Civil Hospitals Doctor come under Consumer Court? If not then write the reasons.

3.Whether court fees and Vakalatnama are necessary in consumer cases?

3. Whether Tort is codified law? If no then give one reason.

4. Write five essentials of Malicious Prosecution.

Year 2017

1. Parents liability for Tort of minor?

2. Tort against child in womb

3. Public Nuisance

3. Objects of Central Council

4. What is the difference between “Damage and Injury”

Year 2018

1 Tort against child in Womb

2 Doctrine of Res-Ipsa-Loquitor

3 Necessity as defense to tortious liability

4 Trespass ab initio

5 Define Consumer 

Section-B

(Short Answer Questions)

Answer any two questions out of the following three questions. Each question carries 10 marks. Short answer is required not exceeding 200 words. 10 x 2=20

Year 2014

6. Define ‘Tort’. What are its essential elements.?

7. Distinguish between Trespass and Nuisance.

8. What do you mean by “Volenti non fit injuria”?

Year 2015

6. Define, what is ‘Tort’. What are the legal remedies which are available in Tort? Explain.

7. Define ‘Negligence’. What are the essential elements of the tort of negligence? Explain with the help of appropriate examples.

8. What do you mean by ‘contributory negligence’? Explain this principle with the help of relevant cases.

Year 2016

6. Explain this Latin Maxim with the help of case law “Volenti non fit injuria”

7. “Damnum sine injuria” and “injuria sine damnum”. Explain these two maxims with examples.

8. Explain the constitution, jurisdiction and procedure adopted by District Consumer Forum.

Year 2017

6. Distinguish between the following with the help of Case Law. False Imprisonment & Malicious prosecution.

7. Explain the following:

  i- Assault

  ii- Battery

8. Describe the functions and the procedure of District forum under CPA 1986.

Year 2018

6 Explain the maxims “Injuria sine damno” and “Damnum sine Injuria”

7 Explain the strict liability rule with the help of important cases

8 Define Nuisance and write the essential elements

Section-C

(Detailed Answer Questions)

Answer any three questions out of the following five questions. Each question carries 20 marks. Answer is required in detail. 20×3-60

Year 2014

9. What do mean by the principle of ‘strict liability’ and ‘Absolute Liability’? Explain both with the help of leading cases.

10. What is mean by defamation? Defines its definition and bringout the difference between Libel and Slander.

11. “All persons have the capacity to sue and be sued in Tort”. Discuss the exceptions to this general rule.

12. Explain and illustrate contributory negligence and its ‘Last opportunity rule’. Is this rule still being followed by the courts in India and England?

13. How many types of legal remedies are there in tort? How personal injuries of a person is measured in Tort?

Year 2015

9. What do you understand by nuisance? Explain its elements. Describe the different kinds of nuisance along with their remedies available.

10. What is meant by ‘Malicious Prosecution’? What are those elements which need to be proved by the plaintiff an action for malicious prosecution?

11. What is meant by trespass? What are its various kinds? What defenses are available to a defendant in a case of trespass?

12. Explain the terms ‘Consumer’ and ‘Services’ as used in the Consumer Protection Act, 1986. Are you in favour of enlarging the scope of these terms?

13. Define Defamation. What are its main kinds? Make a distinction between libel and slander in detail. Also clarify the position of these kinds of defamation in Indian law.

Year 2016

9. What is the definition of Tort given by Prof. Salmond, Waterfield and Frazer? Also write the essential elements of a Tort.

10. What do you mean by personal capacities and immunities in Tort? Writ down the capacities and immunities of the following:

a- Minor

b- Insolvent

c- Ambassador

11. Write the principle of vicarious liability in Tort whether the Government servant are liable for Tort committed in their Sovereign functions?

12. What do you mean by defamation? What are its main kinds? Make a distinction between Libel and Slander in detail.

13. Compare the remedies under the law of Tort with these remedies available under the Consumer Protection Act, 1986.

Year 2017

9. Discuss the scope of the rule in “Rylands Vs Fethcher”. Refer to Bhopal gas Leak Tragedy.

10. Discuss the liability of state for the torts committed by its servants. Whether the state will get sovereign immunity today? Discuss with supreme court cases.

11. “There is relationship between Magnitude of the risk & Standard of care to be taken in the tort of Negligence” Discuss it with Case Law

12. A, an Ayurvedic doctor prescribed the medicines of allopathic which caused the death of patient. Decide the liability of the Ayurvedic doctor under the Consumer Protection Act.

13. Discuss the essentials of “Volenti non fit Injuria” with the help of leading cases.

Year 2018

9 What is Tort? Discuss the essential elements of tortious liability

10 Write the principle of vicarious liability in tort. What are the basis for the vicarious liability?

11 “Harm suffered voluntarily is not actionable but mere knowledge of the risk is not enough for the application of this rule?. Explain and refer the decided cases.

12 Define defamation with its essential elements. Make a distinction between Libel and Slander

13 Explain the Jurisdiction and procedure adopted by “District consumer forum”